Arbitration Act, 1940

The Food Corporation of India (FCI) awarded a contract to A.M. Ahmed & Co. for cargo‑handling services without an escalation clause. During the contract, the State Government raised statutory wages, and the contractor sought additional payment for the increased labour cost. An arbitrator was appointed, who allowed the …

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the court only issued its st…

The Supreme Court examined the constitutionality of the Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973, which sought to nationalise stage and contract carriage services and their assets. Operators challenged the Act as violative of Articles 14, 19 and 31, alleging it was confiscatory and lack…

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a force‑majeure clause after R…

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration clause printed on the e…

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a force‑majeure provision covering…

Ansal Engineering Projects Ltd entered into a construction contract with Tehri Hydro Development Corporation Ltd (THDC) and furnished a bank guarantee of Rs 57,57,970 issued by UCO Bank in favor of THDC. After THDC terminated the contract, it invoked the guarantee and demanded payment. Ansal sought an injunction under …

The Jammu & Kashmir State Forest Corporation awarded a timber extraction contract to Abdul Karim Wani for 6 lakh cft. Wani later claimed entitlement to the remaining 4.08 lakh cft based on alleged custom, practice and assurances, which the Corporation denied. Wani filed an application under the Jammu & Kashmir Arbitrat…

The appellant, K.N. Sathyapalan (deceased) by legal representatives, entered into a construction contract with the State of Kerala. The work could not be completed within the stipulated eleven months due to law‑and‑order disturbances, lack of a suitable quarry and dumping yard, and the State’s failure to remove anti‑so…

The contractor Dandasi Sahu claimed payment for work and interest before an arbitrator, later filing a supplemental claim and a consolidated abstract totalling Rs.31.44 million. The arbitrator awarded a lump sum of Rs.25.00 million with 9% interest, which the State of Orissa challenged. The High Court set aside the awa…

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. The Supreme Court held…

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will bequeathing the house t…

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. entered into a 2012 concession agreement with Madhya Pradesh Road Development Corporation (MPRDC) for a state highway project. Disputes over cost overruns and delays led the appellant to first file a reference before the Madhya Pradesh Arbitration Tribunal under the 1983 Ac…

The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having shifted from lump‑sum to …

Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for making it a rule of court…

The claimants filed a claim under the Motor Vehicles Act after the husband/father suffered a road accident, and the Motor Vehicle Accidental Claim Tribunal ordered the National Insurance Company to pay Rs.2,47,500. The insurer appealed to the Patna High Court, challenging its liability to pay, and the claimants filed a…

Paradip Port Trust entered into a scrap‑sale agreement with Unique Builders that contained an arbitration clause. Disputes were referred to an arbitrator who awarded a lump‑sum of Rs 8,51,315 with interest, without giving reasons and based solely on documentary evidence. The Sub‑Judge set aside the award under Sections…

The State Bank of India entered into a construction contract with a contractor that contained an arbitration clause. An umpire awarded Rs. 15.85 lakh to the contractor in 1984, then filed the award himself in the Hyderabad Civil Court and engaged a lawyer to conduct the proceedings, making the award a rule of court. Th…

The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act and to file a petitio…

The parties entered into a building contract containing an arbitration clause. After a series of applications and a change of arbitrator, the Supreme Court appointed the final arbitrator and gave directions for the conduct of the arbitration. The arbitrator made an award on 11 November 1977 and, on advice of a court of…

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under Section 9 of the Ar…

The parties entered into a contract for constructing 140 temporary hutments which contained an arbitration clause. After delays, the arbitrator awarded the contractor a sum with 18% interest, but the subordinate court, in making the award a rule of court, did not grant interest under Section 29 of the Arbitration Act, …

The petitioners, Suresh Ragho Desai and another, participated in an arbitration proceeding in 1979 without objection and an award was rendered in 1981. They later challenged the award on the ground that it was unreasoned and that relevant documents had not been considered. The Bombay High Court dismissed the challenge,…

The Secretary to the Government of Tamil Nadu sought to enforce a bridge construction contract, while the contractor claimed damages and refund of earnest money. The contract contained an arbitration clause naming the Superintending Engineer of the relevant circle as arbitrator. During arbitration the arbitrator was tr…

The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ petition. In 1983 t…

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of court. The appellan…

The appellant, G. Ramachandra Reddy & Co., invoked clause 17 of its contract with the respondent, the Chief Engineer of the Military Engineering Service, to have a sole arbitrator appointed. After the respondent failed to appoint an arbitrator despite a notice, the appellant filed a suit under Section 20 of the Arbitra…

The appellant, Minerals & Metals Trading Corporation of India Ltd., entered into a charter party with Ocean Knight Maritime Co. Ltd., which contained an arbitration clause. Disputes over demurrage led each party to appoint its own arbitrator, but the arbitrators could not reach a consensus and the award deadline expire…

The International Airport Authority of India (IAAI) entered into a construction contract that contained an arbitration clause. When disputes arose, the Chief Engineer appointed K.D. Bali as sole arbitrator under the Arbitration Act, 1940. IAAI later challenged the arbitrator’s authority, alleging bias and seeking revoc…

The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid within 30 days. The…

The Supreme Court examined whether an arbitrator under the Arbitration Act, 1940 could award interest for three distinct periods – pre‑reference, pendente lite, and post‑award – in light of the Interest Act, 1978 and contractual terms. It held that an arbitrator may award pre‑reference interest only when the dispute ar…

U.P. Hotels entered into a bulk‑supply agreement with Agra Electric Supply Co. which was later taken over by the U.P. State Electricity Board (SEB). The SEB unilaterally imposed a uniform tariff under section 49 of the Electricity Supply Act, 1949, withdrawing agreed discounts. The dispute was referred to arbitration; …

Hindustan Construction Co. Ltd. entered into a bridge‑construction contract with the State of Jammu & Kashmir and, after disputes, the matter was referred to arbitration. The arbitrators awarded the contractor on several items, including full amounts on items 2 and 5 and interest on the total claim, but the Jammu & Kas…

S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was referred to arbitra…

The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid closing date. After th…

Kamal Pushp Enterprises (appellant) had a contract with Gas Authority of India Ltd. and subcontracted the work to D.R. Construction Company (respondent), an unregistered partnership under the Partnership Act, 1932. A dispute led to arbitration under the Arbitration Act, 1940, and the arbitrator awarded in favour of the…

The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke his appointment and…

During the pendency of an appeal, the parties executed an arbitration agreement and sought to have the Supreme Court refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the phrase "which is the subject of an arbitration agreement" required the agree…

The Food Corporation of India entered into a charter‑party with Great Eastern Shipping for bulk cargo transport and later disputed demurrage and overtime charges. The contract required joint arbitration, each party appointing an arbitrator; the appellant’s arbitrator was instructed in writing to give reasons for his aw…

The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from measurements taken by…

Hindustan Steelworks Construction Ltd entered into a contract with C. Rajasekhar Rao for certain works. Disputes arose and, after the appointed arbitrators could not agree, the Supreme Court directed the appointment of party‑appointed arbitrators and, in case of disagreement, an umpire (Justice Jaganmohan Reddy). The u…

The Union of India appealed against R.B. Ch. Raghunath Singh & Co. under the Arbitration Act, 1940, seeking appointment of an arbitrator after the designated Director of Storage post was abolished and the Chief Commissioner refused to act. The issue was whether the court could fill the vacancy under Section 8(1)(b) of …

The Union of India invited tenders for six bridges and incorporated an arbitration clause. The contractor D.D. Sharma submitted a tender with conditional offers of rebates subject to the award of a 10% interest‑free advance and timely allotment of the work. The Union failed to hand over the site on time, leading the co…

The State invited tenders for irrigation works and the appellant, having quoted the lowest rates, entered into three contracts. He later raised nine claims, of which the arbitrator awarded several and rejected others. The State sought to set aside the award under sections 30 and 33 of the Arbitration Act, 1940, and the…

The appellant, a contractor, claimed a higher rate for extra hard‑rock excavation under a government contract, invoking Clause 63 and alleged an error apparent on the face of the arbitral award. The arbitral panel had rejected the claim, and the trial court remitted the award for reconsideration under Section 16 of the…

The appellant‑plaintiff, K. Arumuga Velaiyah, claimed a one‑fourth share in ancestral joint family property based on a 1994 will of his grandfather, Periyaiya Servai, and sought partition and separate possession. The lower courts dismissed the suit, holding that a partition had already been effected in 1964 by a pancha…

The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether the value of the jute…

The case concerned the nature of the power exercised by the Chief Justice of a High Court or the Chief Justice of India under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint arbitrators when parties fail to do so. The petitioners argued that this power is judicial, requiring the Chief Justice to …

The National Agricultural Cooperative Marketing Federation of India Ltd. entered into two contracts with Swiss firm Alimenta S.A. for groundnut supplies, but a government export ban prevented performance. The first contract contained an arbitration clause, leading Alimenta to invoke arbitration through FOSFA, while the…

The Delhi Development Authority (DDA) invited tenders for steel bars and accepted a tender from J.K. Jain and others for 10,000 metric tonnes. The parties executed a formal agreement that incorporated the tender form and expressly stated that the terms and conditions of the tender form would be binding. Clause 14 of th…

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), which had been extend…

The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate Judge, applying the rule…

Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent sued for specific perf…

The brothers Sunder Kukreja and Mohan Lal Kukreja, partners in a firm, disputed the validity of a retirement deed that one brother claimed dissolved the partnership. The appellant filed a petition under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator under the arbitration clause of their 19…

The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were sought to be made the r…

The appellant, a contractor, was awarded a bridge construction contract by the Government of Karnataka. Disputes arose and the contract’s Clause 29 required any dispute to be first referred to the Chief Engineer or a Designated Officer, whose decision was subject to court remedy. The contractor applied under Sections 1…

Forasol, a French company, entered into a drilling contract with ONGC that required most payments in French Francs and 20% in Indian rupees at a fixed rate. After the rupee was devalued, Forasol claimed a higher conversion rate, which the arbitrator awarded without specifying a rate for the Franc portion. The Delhi Hig…

The parties entered into a contract for works on the Tehri Hydro Dam project. After completion, the final bill and a security deposit of Rs.12.50 lakhs remained unpaid, leading to arbitration under the contract’s arbitration clause. The first arbitration awarded Rs.10.17 lakhs for the final bill but held the security‑d…

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for amendment of the plaint, …

The Indore Development Authority conducted a public auction of a government land parcel; the appellant, Malik Brothers, was the highest bidder but failed to pay the balance, leading to forfeiture of the premium. The appellant challenged the forfeiture and the Authority referred the dispute to an arbitrator, who awarded…

The State of Orissa contracted Lall Brothers to complete a minor irrigation project, which was finished late. Disagreements over the final payment led the contractor to invoke the arbitration clause, resulting in the appointment of an arbitrator who awarded a lump sum of Rs. 14.67 lakh with interest. The State challeng…

Mis Ispat Engineering & Foundry Works (appellant) and Mis Steel Authority of India Ltd (respondent) referred their disputes to two arbitrators, whose disagreement led to an umpire being appointed. The umpire issued a non‑speaking award directing the respondent to pay Rs 2,44,000 to the appellant, which was made a rule …

J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the contractor Rs 24.8 mi…

The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti filed a petition under…

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined whether the 1996 Act is a…

The State of Orissa contracted B.N. Agarwala to construct an irrigation project. After completion, Agarwala claimed extra work payments, and the dispute was referred to the Superintending Engineer, who acted as sole arbitrator and awarded Rs.1,59,298, including Rs.61,086.61 as interest for the period from 10‑Oct‑1969 t…

The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. After the corporati…

The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The sole arbitrator fix…

The contractors (Hind Builders) were awarded Rs.57,47,198 by two arbitrators for work on the Metro Railway Project, including Rs.6,76,540 as interest. The Calcutta High Court reduced the award on two grounds: the amount for earth consolidation (item c(xii)) and the period for pendente lite interest. The Supreme Court h…

M. Dayanand Reddy, a Class I contractor, entered into a contract with A.P. Industrial Infrastructure Corporation Ltd on 11‑December‑1986 for constructing a sewer line. When disputes arose, Reddy invoked an arbitration clause he claimed existed in Clause 3 of a copy of the agreement (Ex A‑3) that referenced the standard…

Major (Retd.) Inder Singh Rekhi constructed 240 Janta houses for the Delhi Development Authority, completing the work on 2 April 1980. After the work was finished, he repeatedly requested the Authority to finalise the bills, sending the first letter on 28 February 1983 and a final notice on 4 September 1985, and therea…

The plaintiff (borrower) sued the suppliers, lenders and guarantor over a power‑plant project, invoking credit agreements that contained arbitration clauses. The lenders, particularly Svenska Handelsbanken (defendant No. 4), instructed their counsel not to appear or take any step in the main suit, limiting a power of a…

Vishwanath Sood contracted with the Union of India and the State of Himachal Pradesh to construct a Farmers' Community Centre. The contract contained Clause 2, which imposed a penalty compensation for delay to be determined solely by the Superintending Engineer, and Clause 25, which provided for arbitration of disputes…

The Gujarat Water Supply & Sewerage Board entered into contracts with Unique Erectors for a water‑supply scheme and later referred disputes arising under clause 30 of the contract to arbitration. A sole arbitrator was appointed, decided the arbitrability of the claims, and issued a lump‑sum award on 8 July 1985, which …

The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the withheld sum togeth…

Delta Distilleries supplied Indian Made Foreign Liquor to United Spirits under a contract that made the buyer responsible for sales tax. A dispute arose over a set‑off/refund claimed by Delta from the Sales Tax Department, which United Spirits argued reduced its tax burden. The arbitral tribunal allowed United Spirits …

Pam Developments Private Ltd entered into a work contract with the State of West Bengal for road widening, which was completed after a five‑month delay. The contractor claimed several sums, including labour charges for uneconomical stoppage, interest on delayed payment of running‑account bills, and pre‑reference intere…

The Punjab Public Works Department invited tenders for a high‑level bridge. The lowest bidder, Om Prakash Baldev Krishan, was told by the Executive Engineer that his tender was accepted and was asked to sign a pending agreement within ten days, but no agreement was ever executed and the acceptance was not made in the n…

The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on interest under Section 3 …

Panchu Gopal Bose entered into an arbitration agreement on 27 May 1978 to complete work within nine months. He claimed he sent bills on 12 July 1979 but received no payment, and only on 28 November 1989 did he issue a notice invoking arbitration. The respondent filed an arbitration suit under sections 5, 12 and 33 of t…

The appellant, Ladli Construction Co., entered into a contract to build 240 houses for the Punjab Police Housing Corporation, but failed to meet the schedule and the contract was rescinded. The parties' agreement contained an arbitration clause (Clause 25A) naming the Corporation's Chief Engineer as arbitrator. The con…

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court dismissed the applicati…

The Supreme Court, hearing Civil Appeal No. 1093 of 2006, examined whether it could entertain an application under Section 34 of the Arbitration and Conciliation Act, 1996 to make an arbitral award a rule of the Court when the Court itself had retained seisin over the arbitration proceedings. The award, rendered by a r…

Continental Construction Ltd. entered into a contract with the State of Uttar Pradesh for dam construction. A dispute arose over claims for extra earth and rock, which were referred to arbitration. The respondent failed to appoint an arbitrator, so the appellant's arbitrator acted as sole arbitrator, and later the matt…

The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award pendente lite interest…

The appellant, a construction contractor, entered into a contract with the Government of Maharashtra for earth work on a canal, which was not completed within the stipulated 18 months and required several extensions. After disputes over payment arose, the contractor sought appointment of an arbitrator under the contrac…

The State of Orissa contracted Dandasi Sahu for an irrigation project; after completion and final payment, Sahu claimed extra work and invoked the arbitration clause. The arbitrator awarded Rs 15,23,657 plus interest without giving reasons. The Sub‑ordinate Judge set aside the award, but the Orissa High Court restored …

The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and interest at 18% per annu…

The dispute involved an arbitration award concerning properties mainly located in Warora, Chandrapur, with a small portion in Nagpur. The arbitrator, a resident of Nagpur, filed the award in the Nagpur Civil Court. The Civil Judge held that only the Nagpur property and the arbitrator's residence did not confer jurisdic…

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year limitation period for fili…

The Union of India entered into a contract with M/s G.S. Atwaland Co. for excavation work, and a dispute over equipment hire charges was referred to a sole arbitrator, T. Raja Ram, in the fifth arbitration. The arbitrator unilaterally enlarged the reference to include additional claims not originally pleaded and issued…

The dispute arose from an arbitral award dated 20 July 1984 under the Arbitration Act, 1940, which was made a rule of the court and later reduced in interest rate. The appellant sought execution of the award, and the State (respondent) deposited Rs 75,65,945, after which the executing court ordered the State to deposit…

An arbitral award dated 20 July 1984, made a rule of the court in 1986, was being executed when the State of Uttar Pradesh deposited Rs 75,65,945 and was later directed by the executing court to deposit an additional Rs 1,25,16,969.56, which the State objected to. The State filed a civil revision, and the High Court, i…

The Electronics Corporation of India Ltd. engaged about 30 technicians as retainers (service engineers/licencees) on individual contracts between 1972 and 1978. The retainers later demanded permanent absorption, regularisation and parity of pay with regular employees. The Industrial Tribunal held that no employer‑emplo…

Bihar State Mineral Development Corporation (appellant) awarded a contract to ENCON Builders (respondent) for excavation work. The respondent failed to perform, leading the corporation to re‑allocate the work and incur losses. Clause 60 of the contract stipulated that any dispute would be decided by the Managing Direct…

Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy Development Commissioner, Bom…

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed it in the Kerala Hi…

Mukund Ltd appealed against an arbitral award that ordered it to pay Rs 1.26 crore plus costs and post‑decree interest at 11% per annum to Hindustan Petroleum. The Bombay High Court reduced the quantum to Rs 71.3 lakhs but retained the 11% interest rate. Mukund sought further relief, contending that the award should be…

The dispute between East India Hotels Ltd. and Agra Development Authority was referred to arbitration, and the umpire filed the award on 13 November 1998, which the trial court made a rule of court on 25 February 1999. The respondent challenged the award in a revision, arguing that the court had not complied with Secti…

Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued a non‑speaking awar…

The Housing Board filed civil suits against contractor I.S. Mittal, and the court appointed a Superintending Engineer as arbitrator. The arbitrator was transferred during the proceedings but continued the arbitration and issued an award. The Board objected under Section 30 of the Arbitration Act, 1940, claiming the arb…

Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the material‑escalation claim, le…

The Uttar Pradesh State Electricity Board entered into a contract with Searsole Chemicals Ltd for continuous 24‑hour electricity supply, with a proviso exempting the Board from liability for interruptions caused by accidents, government orders, strikes, etc. A dispute arose and, under the contract’s arbitration clause,…

The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under Section 8 of the Arb…

The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against another contract. The app…

The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs in the arbitration.…

The dispute concerned jewellery belonging to two trusts created by the Nizam of Hyderabad. An arbitration award directed the Union of India to pay Rs 180 crore to purchase the items, which was challenged by the Union and the trustees under Sections 15 and 16 of the Arbitration Act, 1940. Public‑spirited intervenors fil…

The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just price of Rs 225,37,33…

The appellant, M/s Laxmi Continental Construction Co., entered into a contract with the State of Uttar Pradesh that contained an arbitration clause (Clause 52) appointing a sole arbitrator who must be a Superintending Engineer or higher. The appointed arbitrator, Shri S.S. Manocha, retired during the arbitration procee…

Rajasthan State Mines and Minerals Ltd. entered into a turnkey contract with Eastern Engineering Enterprises that contained clauses fixing the rate of payment and expressly prohibiting any extra claims. The contractor later claimed escalation and other additional payments, which the arbitrator allowed in a non‑speaking…

M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under clause 12 of the agreem…

Reliance Cellulose Products Ltd. and ONGC entered into a contract for supply of CMC. A dispute arose over the price, which was referred to arbitration. The arbitrator fixed a higher price and awarded pre‑reference, pendente‑lite and future interest at 18% per annum. The Civil Judge reduced the interest to 10% and the G…

The parties entered into a contract containing an arbitration clause that named the Director/Unit Head of the Calcutta Metropolitan Development Authority as the sole arbitrator. The appellant, fearing bias, applied under Section 20 of the Arbitration Act, 1940, for the appointment of an independent arbitrator, and the …

The M.P. Housing Board and Progressive Writers & Publishers entered into three successive agreements concerning the construction and ownership of a press complex. The third agreement of 31 May 1980 required full payment by 31 October 1980, failing which it would be cancelled. The Board alleged the arbitrator exceeded h…

The Supreme Court examined two appeals arising from a High Court judgment involving Visakhapatnam Port Trust (VPT) and M/s Continental Construction Company. The first appeal concerned a claim of Rs 74,810.38 for recovered jack‑rods, which the Court held was time‑barred under Section 37 of the Arbitration Act, 1940 and …

Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the Arbitration Act, 194…

Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before the Board of Revenue…

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the contractor invoked the cla…

The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The appellant later invok…

Indian Oil Corporation (the appellant) terminated a distributorship agreement with Amritsar Gas Service (respondent No.1) under clause 27, alleging unauthorized connections and other misconduct. The distributor sued for a declaration that the termination was illegal and sought restoration of the distributorship. The ma…

The Uttar Pradesh Cooperative Federation Ltd. (appellant), a state enterprise, contracted with Singh Consultants & Engineers (P) Ltd. (respondent) to supply and install a vanaspati plant, requiring the respondent to furnish two irrevocable bank guarantees. The plant was not completed within the stipulated time, and the…

The appellant, Indian Hume Pipe Co. Ltd., entered into a contract with the State of Rajasthan for laying a PSC pipeline, which contained an arbitration clause. A dispute led to arbitration, and the arbitrators awarded the appellant the claim along with interest for pre‑reference, pendente lite, and post‑award periods. …

Avitel Post Studioz Ltd and its promoters invested USD 60 million in HSBC based on alleged representations that Avitel would secure a lucrative BBC contract, which later proved to be fictitious. HSBC obtained interim awards and a foreign final award from a Singapore tribunal finding the appellants liable for fraudulent…

Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a deed of confirmation…

Pratap Singh and Preetam Singh, brothers in partnership, referred their business dispute to arbitration under the Arbitration Act, 1940. The arbitrator failed to render an award within four months and applied to the Subordinate Judge, Delhi, for an extension of time under s.28, which was granted despite an objection to…

The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by Section 69 of the P…

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting interest up to the date…

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period prescribed in clauses …

The appellant, Gora Lal, entered into a work contract with the Union of India that contained an arbitration clause requiring the arbitrator to "indicate his findings, along with the sum awarded, separately on each individual item of the dispute." A dispute arose over the final payment, and an arbitrator was appointed w…

Mis. Sathyanarayana Brothers (P) Ltd. entered into a contract with the Tamil Nadu Water Supply & Drainage Board for the manufacture and supply of prestressed concrete pipes for the Veeranam water project, subject to foreign collaboration clearance and foreign‑exchange assistance. Delays in obtaining foreign exchange an…

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to nominate one arbitrat…

The appellant, a contractor, entered into a construction contract with the State of Goa that provided for arbitration of disputes. An arbitrator rendered an award in 1994, but the civil court remitted the award on two specific points for reconsideration. The arbitrator resigned before completing the reconsideration, an…

The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the suits on the ground tha…

The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement deed, trademark use a…

The Union of India entered into a contract with PAM Development for constructing an industrial loco shed, which was later terminated for delay and inferior work. The contractor invoked an arbitration clause, and the Calcutta High Court appointed a former judge as sole arbitrator under Section 11(6) of the Arbitration a…

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and appointed a sole arbit…

The appellant, a construction firm, entered into a contract with the Union of India for runway construction, which was terminated by the Union. The arbitrator awarded the appellant substantial sums for extension of time, wrongful termination, idle hire charges and value of machinery. A single judge upheld the award, bu…

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration on 4‑Jun‑1980. The le…

The North Delhi Municipal Corporation (appellant) contracted with M/s S.A. Builders Ltd. (respondent) for construction work, which was not completed and led to a dispute. An arbitrator awarded Rs. 1,70,70,720.80 with simple interest and later issued a clarification on 15 March 2005 regarding post‑award interest, after …

The Bombay Stock Exchange (BSE) held the assets of a defaulting member, C.S. Shah, in its Defaulters' Committee, which is merely an association of persons and not a juristic entity. Ms. Indu Malhotra obtained an arbitration award against Shah, which was made a rule of court and a decree, and sought attachment of the fu…

The Union of India entered into a construction contract with M/s Popular Builders, who after completing the work, accepted a final bill without objection and received payment. The builder later claimed additional work not covered in the final bill and, at its request, an arbitrator was appointed who awarded the claim i…

National Fertilizers Ltd. awarded a works contract to Puran Chand Nangia for 48% of a Rs. 3.39 crore project. The contract contained a clause that quoted rates would remain firm for variations up to ±25% of the contract price, beyond which market rates could apply. After the work was varied both upwards and downwards, …

Renusagar Power Co. entered into a contract with General Electric for the supply of equipment for a power plant, which later gave rise to disputes and an ICC arbitration. The arbitral tribunal awarded US$12,215,622.14, including regular interest, delinquent interest, compensatory damages, and costs. Renusagar challenge…

The State of Maharashtra contracted Mis. S.D. Shinde & Co. to construct a project, but disputes led to arbitration under the Arbitration Act, 1940. An arbitrator issued an award and later filed an interim award before a Civil Judge seeking to have it made a rule of court, resulting in an interim order directing the gov…

The Municipal Corporation of Delhi (MCD) awarded a construction contract to Jagan Nath Ashok Kumar, which it later rescinded alleging delay. The contract contained an arbitration clause, and an arbitrator was appointed who held that the rescission was wrongful, awarded the contractor Rs.23,820 plus interest, and allowe…

The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under Section 20 of the Arb…

The Registrar of Co-operative Societies, West Bengal, appointed an arbitrator under the West Bengal Cooperative Societies Act, 1983 to resolve a dispute with a transport contractor. The arbitrator failed to render an award within the one‑year period prescribed by s.96(5)&(6). The contractor approached the Calcutta High…

Petine Shipping Inc., a Liberian shipowner, and Minerals and Metal Trading Corporation of India entered into a charter party containing an arbitration clause. When a dispute arose, each party nominated an arbitrator, but the respondent's nominee was challenged and the respondent filed a petition in the Delhi High Court…

The Delhi Transport Corporation (DTC) entered into a 1993 agreement with Rose Advertising containing an arbitration clause. A dispute arose and the contractor sought appointment of an arbitrator in early 1996; the arbitrator was appointed on 4 July 1996, after the Arbitration and Conciliation Act, 1996 had come into fo…

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras Detailed Standard Spec…

The dispute between Mis. Engineers Syndicate and the State of Bihar was referred to arbitration under an agreement. The arbitrator issued a lump‑sum award in favour of the syndicate without providing item‑wise reasons, i.e., a non‑speaking award. The Subordinate Judge set aside the award on the ground that it lacked re…

The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum together with 12 % sim…

The petitioners and respondents were partners in a firm that had an arbitration agreement. Respondent No.1 filed a suit for dissolution and accounts, and respondent No.9 applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit. The trial court observed that the petitioner (defendant No.4) had obtain…

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a substitute under Sect…

Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled the contract for non‑s…

The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 and stretched over …

The State of Rajasthan and Puri Construction Co. Ltd. entered into a dam‑construction contract containing an arbitration clause. Disputes were referred to two retired judges as arbitrators, who awarded Rs 1 crore in favour of the contractor. The State challenged the award on grounds of arbitrator misconduct (one arbitr…

MIS Misra & Co. was awarded Rs.5,78,873 by an arbitrator in 1988 for a construction contract with Damodar Valley Corporation (DVC). The Civil Court made the award a decree on 16 March 1991, but DVC neither paid nor appealed, and due to repeated objections the formal decree was only prepared on 21 February 2003. Misra f…

The State of Rajasthan and R.S. Sharma & Co. entered into a construction contract that later led to a dispute. While litigation was pending, the parties agreed to arbitrate, and the arbitrators awarded Rs.75,41,755 to the respondent without providing reasons. The appellant challenged the award on grounds of lack of rea…

Neelakantan & Bros. Construction entered into contracts with the Superintending Engineer for highway works and a reference for arbitration was made to the then‑incumbent engineer, Mohan. Mohan was transferred before completing the arbitration and his successor, Cornelius, took over the proceedings with the petitioner’s…

The Supreme Court examined whether a suit filed by Renusagar Power Co. Ltd. seeking a declaration that three claims (unpaid regular interest, delinquent interest, and compensatory damages) were beyond the scope of an arbitration clause could be stayed under Section 3 of the Foreign Awards (Recognition and Enforcement) …

DLF Universal Ltd. and its trust, the colonizers of a Gurgaon colony, were directed by the Monopolies and Restrictive Trade Practices (MRTP) Commission to execute a fresh lease deed with a complainant who alleged unfair and restrictive trade practices in the allotment of school sites. The appellants did not challenge t…

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, also only naming re…

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa under Ordinance 8 of …

The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations and court intervention…

Bassi Cold Storage, a consumer of electricity supplied by the Punjab State Electricity Board, claimed that its supply was wrongfully disconnected and sought damages. The consumer invoked Condition 29 of the Board's Abridged Conditions of Supply, which provided that disputes not determinable under the conditions could b…

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the contractor paid the hi…

P.M. Paul, a contractor, entered into a two‑phase construction contract with the Union of India. A dispute arose over the handover of the site and alleged delays, leading the parties to invoke the arbitration clause in the contract. The Supreme Court appointed a former judge, Justice V. Khalid, as arbitrator, who award…

The Oil & Natural Gas Commission (ONGC) entered into a drilling contract with Western Company of North America that provided for arbitration under the Indian Arbitration Act, 1940 and the law of India, with hearings to be held in London. An umpire, after the arbitrators could not agree, issued an interim award and a fi…

Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs based on volume, refus…

The State of Orissa appealed against the appointment of an arbitrator under Sections 8 and 20 of the Arbitration Act, 1940, filed by contractor Sri Damodar Das. The Supreme Court examined whether Clause 25 of the water‑supply contracts, which made the decision of the Public Health Engineer final, amounted to an arbitra…

The contractors Mis. Shyama Charan Agarwala & Sons entered into construction contracts with the Union of India and, after disputes arose, referred the matters to arbitration. The arbitrator awarded reimbursement for additional costs relating to stone aggregate, excavation of rock, and work in a restricted area. The Uni…

The appellant, M/s Interstate Construction, executed work orders for a power project for the respondent, NPCC, and later disputed certain recoveries, leading to arbitration. The arbitral tribunal awarded the appellant principal sum plus interest, distinguishing pre‑reference, pendente‑lite and future interest periods. …

The Amravati District Central Co‑operative Bank held an insurance policy with United India Fire & General Insurance covering losses caused by its employees. An employee embezzled several amounts totalling Rs.3.44 lakh. The insurer assessed a reimbursable loss of Rs.29,000, but the bank claimed the full amount. An arbit…

The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, substituted the contractually …

The Supreme Court considered an arbitration award arising from a construction contract for the Giri Hydel project, where the contractor claimed price revision after the total work exceeded a 20% deviation limit. The arbitrators were tasked with interpreting the contract clauses on rate revision and awarded increased ra…

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the High Court applied the …

The State of Kerala filed an application to condone a 3320‑day delay in filing a petition to set aside an arbitral award under the Arbitration Act, 1940. The civil court allowed the condonation, noting gross negligence of officials but refusing to penalise the State, and the High Court dismissed the appellant’s revisio…

The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not quantifying any amount for …

The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to refer the dispute to an …

The appellants, Jawahar Lal Wadhwa and another, entered into a sale and construction agreement with the respondent, Haripada Chakrobarty, involving monthly instalments and a construction contract. The respondent later repudiated the agreement, leading to a dispute over possession of the property and the applicability o…

The appellants and respondent entered into a partition agreement which was referred to arbitration; the arbitrators rendered an award on 28 November 1977. The award was filed in court on 28 January 1978 and an interim injunction was issued on 26 July 1978, keeping the award in the court's custody until the injunction w…

The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the machinery caused the co…

The Reserve Bank of India (RBI) entered into a sale agreement with S.S. Investments that contained an arbitration clause. Two arbitrators – a former judge and a lawyer – were appointed but each issued a separate award, indicating a disagreement. The RBI sought to refer the matter to the appointed Umpire under Clause 4 …

The Punjab State issued a work order containing a clause that any dispute between the department and the contractor would be referred to the Superintending Engineer, whose decision would be final and binding. After the contractor completed the work, a dispute arose over final bills and measurements, and the contractor …

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration Act, 1940 seeking to …

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to the partnership. Th…

The contractor, Chandigarh Construction Co., entered into a contract with the State of Punjab for construction of the Sutlej Yamuna Link Canal and later claimed additional payment for extra work. An arbitrator awarded the claims using a 93.12% premium and 18% interest, but did not give reasons as required by a contract…

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court and the Punjab &…

The Supreme Court had earlier referred the disputes between M/s Bharat Coking Coal Ltd. and M/s C.K. Ahuja to arbitration by consent, appointing an arbitrator who rendered an award on 14 February 1994. The award was filed before the Court and notice of filing was given on 29 April 1994. The respondents filed applicatio…

Food Corporation of India sued Sadhu Singh and others for recovery of Rs.2 lakh based on a contract that contained an arbitration clause. The defendants appeared, sought production of the original agreement to enable filing of a written statement, and then invoked Section 34 of the Arbitration Act, 1940 for a stay of t…

Sudarsan Trading Co. entered into a construction contract with the Government of Kerala which was later cancelled, leading the parties to refer their disputes to the arbitrator named in the agreement. The arbitrator issued three non‑speaking awards granting the contractor claims totalling Rs.31.15 lakhs, without provid…

Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a reasoned award on 19…

The State of West Bengal (Public Works Department) and National Builders disputed a claim arising from the construction of a 250‑bed hospital. Clause 25 of their contract appointed the Chief Engineer as sole arbitrator, who in turn nominated a Superintending Engineer. After 59 sittings the arbitrator refused to resign,…

The appellant, Everest Co‑owners, owned three godowns that were leased to the Food Corporation of India and later occupied by the respondent, M.P. State Ware Housing Corporation, without the appellant’s consent. After the lease expired, the appellant claimed damages of Rs 4,76,984 and invoked the arbitration clause in …

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable because it had not b…

Northern Coalfield Ltd., a government-owned corporation, entered into two contracts with Heavy Engineering Corp. Ltd. which contained an arbitration clause. Disputes were referred to the Government's "permanent machinery of arbitration" and awards were made, which Northern Coalfield challenged before the Law Secretary …